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Home My WebLink AboutMARCH 6,1984_2 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 25 :0896 I I NVOCA TI ON PLEDGE OF ALLEGIANCE ROLL CALL MINUTES APPROVED ORD. & RES. READ BY TITLE CRAIG LUCAS '0 t/< I 1. PUBLIC HEARING STREET LIGHTS (Hugo Reid & Golden West) J M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETI NG MARCH 6, 1984 The City Council of the City of Arcadia and the Arcadia Redevelopment Aaency met in a regular session Tuesday. March 6, 1984 at 7:30 p.m. in the City Ha 11 Counc i 1 Chambers. Rev. Dave Metsker, Associate Pastor of Victory Chapel Michael Allison, Arcadia School Board Member PRESENT: ABSENT: Councilmen Dring, Pelleqrino, Lojeski Councllmen Haltom, Hannah Councilmen Haltom and Hannah were excused on MOTION by Councilman Drino, seconded by Councllman Pelleqrino and carried. On MOTION by Councilman Orina. seconded by Councilmen Pellearino and carried the ,"inutes of January 3 Study Sess ion, the adjourned and reaular meetinas of February 7 and 21. 1984 were APPROVED. It was MOVED by Councilman Dring, seconded by Councilman Pellegrino and carried that all ordinances and resolutions be read by title only. PRESENTATION On behalf of the City Council Mayor Lojeski presented a plaque to Craia Lucas, former Olympic Commissioner and member of the Library Board of Trustees. in appreciation of his efforts and accomplishments while a member of both Commission and Board. His term on the Olympic Commission would have expired September 1984 and June 30, 1986 on the Library Board. Mr. Lucas is a candidate for City Council and pursuant to the provisions of the City Charter must resiqn from said appointments. Council received the Public Works Department report and petition for street lighting on Hugo Reid Drive and Golden West Avenue on February 7 at which time a public hearing was scheduled for this date. Roadways have been posted as required. The City would pay the initial instal- lation cost (estimated at $13,500) plus one/half the operation and maintenance cost. The property owner would pay the remaining one/half of the operation,and maintenance costs through annexation to Liahting Maintenance District Zone D. Mayor Lojeski declared the hearing open and no one desiring to be heard the hearing was CLOSED on MOTION By Councilman Dring, seconded by Councilman Pellegrino and carried. It was further MOVED by Council- man Dring, seconded by Councilman Pellegrino and carried on roll call vote as follows that there being no majority protest the Department of Public Works be authorized to prepare plans and specifications for the installation of street 1ightina improvements at the intersection of Huo,o Reid Drive and Golden West Avenues and that said area be -1- 3-6-84 2. PUBLIC HEARING (BINGO) APPROVED ~~ 3. 4. ROLL CALL MINUTES APPROVED 4c. DESIGN REVIEW (Larmor Development) APPROVED .~ 1t q ~ \~ 25:0897 included in the annexation proceedings to be reported on by the City Engineer in the Fall of 1984. AYES: NOES: ABSENT: Councilmen Drinq, Pellegrino, Lojeski None Councilmen Haltom, Hannah Application of Michael Allison, on behalf of the Arcadia High School Booster Club (a non-profit charitable organization) for a permit to conduct bingo games at the Arcadia House, 306 S. First Avenue, on March 16, 1984 from 7 p.m. to midnight for the purpose of raising funds to support the hiqh school athletic proqram. Mayor Lojeski declared the hearing open and no one desirin~ to be I heard the hearinq was CLOSED on MOTION by Councilman Dring, seconded by Councilman Pe11eqrino and carried. It was further MOVED by Council- man Dring, seconded by Councilman Pellegrino and carried on roll call vote as follows that the request be APPROVED subject to all conditions imposed by the Building Department and the Fire Department. Be it noted that Steve Worsley, Manager of the Arcadia 'House, has indicated in writina that he would comply fully with the requirements. AYES: NOES: ABSENT: Councilmen Dring, Pellegrino, Lojeski None Councilmen Haltom, Hannah Council recessed in order to act as the ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Members Dring, Pellegrino, Lojeski Members Haltom, Hannah On MOTION by Member Dring, seconded by Chairman Lojeski, Members Haltom and Hannah were excused. The minutes of the reau1ar meetino, of February 7 and 21 were APPROVED on t10TION by Member Pe11earino, seconded by Chairman Lojeski and carried, inc1udina the Study of January 3, 1984. The Larmor Development Company has requested design review of its pro- posed building at the corner of Fifth Avenue and Huntington Drive. They have submitted two development alternatives... Option one has more land- scaping throughout the parking area but requires a parkin~ modification of about 18 spaces. Option two has less landscaping but a modification for only 7 spaces would be required. The modification will be before the Planning Commission later in March. It was noted by staff that the design, size, color, landscaping and I placement of the building are acceptable under both alternatives. The current proposal differs from the original concept in that the build- ing has been set back from Huntington Drive where it was originally placed at the northern property line... this would provide space for a landscape buffer and parking which helps mitigate the impaGt of the building mass on Huntington Drive. Larmor has agreed to cooperate with the City on reasonable design or development criteria which may be adopted as a result of the Downtown Revitalization Study being prepared by Wi11dan. It was MOVED by Member Dring, seconded by Member Pellegrino and carried on roll call vote as follows that Option TWO of the Arcadia Gateway Plaza design be APPROVED subject to the following conditions: 1. The number of parking spaces provided must be approved through the modification process. -2- 3-6-84 I ADJOURNMENT 5. 6. r., , I 7./ 7a. ' BUILDING HEIGHT (MECHANICAL EQU I P~lENT) APPROVED 25:0898 2. Signage to be placed upon the building or included on site will be subject to additional design review. 3. Landscaping of the site and the 10 foot strip to the east of the site along Fifth Avenue to Monrovia shall be maintained by the developer or his assigns/successors to the satisfaction of the City. 4. The developer shall cooperate with the City in the Downtown Re- vitalization Study and in the implementation of City Design and Development criteria, inc1udino the possible use, granted by recorded easements of the landscaped areas on Huntington and Fifth for monumentation, signaqe or additional landscaping, such costs to be paid by the City or Agency. I AYES: NOES: ABSENT: Members Dring, Pellegrino, Lojeski None Members Haltom, Hannah The Agency adjourned to March 21, 1984 Council reconvened. AUDIENCE PARTICIPATION Herb Fletcher, 175 W. Lemon Avenue, inquired about decisions made by City Council becoming precedent setting. He would like it cleared up so that each City Council makes its own decisions and that a decision does not become a precedent. Mayor Lojeski referred this to the City Attorney who responded in part that "I wi 11 answer it in a very genera 1 way because there may be some situations where the answer would differ, depending on the facts. Generally, it would not create a legal precedent in the sense that the City Council as a body is legally bound to decide in a compar- able way an issue that comes up subsequent to an initial decision. I think there is a primary concern that, as a practical matter in many cases, it could appear to set a precedent. The City Council as a legislative body may at least feel duty bound to treat some- thing similarly. In experience, I've found that most issues differ on the facts.. there is always some fact differential, so very often it wouldn't, in a strict legal sense, create a precedent, but it may, in a practical sense create a feeling of precedent. I don't know if that satisfies you but that's sort of a general opinion on the whole subject of precedents. Let me add one other point though that faces a City Council person in hearing these various issues.. the parties who are before them will very often bring up the issue of precedent and will use a prior decision to persuade or argue these various issues. I would advise the person who is doing it that they do not have a legal argument to stand on but it is a practical problem for anybody performing the role of a Counci1person." Mrs. Johanna Hofer, 875 Monte Verde Drive, submitted that one City she has heard of handles cable television complaints in this manner - that when it has within a three month period 15 complaints the cable company is fined. She thought this might interest Council. .; CONSENT ITEMS APPROVED Planning Commission Res. No. 1253 interpreting code regarding height modifications for mechanical equipment.. without such a pro- cedure for the modification of the height of such equipment an eight story building (as permitted by Code) could not be constructed. -3- 3-6-84 7b. EQUIPMENT PURCHASE ( Paramedic Ambulances) APPROVED -\ y. QO \( y.'.V ~V 8a. AMERICAN S & L EXTENSION APPROVED \ (v v\ \.-\1>- ",t n0\ \~ y 8b. AGENDA ITEM WITHDRAWN 9a. ORDINANCE NO. 1788 CARRIED OVER TO MARCH 21 25 :0899 RECEIVED the results of bids and RECOMMENDATION concerning the pur- chase of Paramedic ambulances. The Fire Department staff evaluated each bid with regard to operational characteristics and compliance with specifications. The bid of Stoner Ambulance Company in the amount of $78,521 less equipment deleted in the amount of $5,524.. total of $72,997 was ACCEPTED by Council. Funds in the amount of $65,000 have been allocated in the equipment replacement fund for this purpose. IT WAS MOVED BY COUNCILMAN DRING, SECONDED BY COUNCILMAN PELLEGRINO AND CARRIED ON ROLL CALL VOTE AS FOLLOWS THAT THE TWO CONSENT ITEMS BE APPROVED. . AYES: NOES: ABSENT: Councilmen Dring, Pe11eqrino, Lojeski None Councilmen Haltom, Hannah I During the consideration of this item Councilman Pe11eqrino abstained from participation and voting. Staff advised of two proposals which were submitted for the improvement of 30 S. First Avenue to accommo- date the relocation of American Savings and Loan Association. One plan utilizes only the front portion of the building with a few minor plan revisions and would comply with. code requirements. The other plan utilizes the front portion of the bui1dino for American and the rear for business offices.... with a few minor revisions and a modi- fication for the parking structure setback along the easterly property line and it also complies with code requirements. American is aSkinq for a time extension to November 6, 1984 subject to conditions set forth in the staff report dated March 6, 1984. The City Attorney presented for clarification - Section 22.2 of the Lease which refers to a contingency invo1vina the lease being subject to the attainment of a conditional use permit. He felt this is not worded correctly and also he had advised American that a Conditional Use Per- mit would not be required. Kenneth Hill of American Savings & Loan said in .part that there will be a change in the lease in that particular section.. that the owner of the subject bui1dina and American have aareed to strike the entire paragraph or add the words "if required"... it does not matter to them. It was then MOVED by Councilman Drino, seconded by Mayor Lojeski and carried on roll call vote - with the City Attorney adding that there is a quorum for purposes of considering this item.. Councilman Pelle- grino had to abstain due to a potential conflict of interest. AYES: NOES: ABSTAIN: ABSENT: Councilmen Drino, Lojeski None Councilman Pellegrino Councilmen Haltom, Hanndh I On request of the City Manager... the request for allocation of funds to implement Safety Survey recommendations was WITHDRAWN. ~ . The City Attorney presented for the se~ond time, explained the con- tent and read the title of Ordinance No. 1788, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, AMENDING ARCADIA r~UNICIPAL CODE SECTION 9233.1'J OF THE ZONING ORDINANCE RECLASSIFYING A PORTION OF THE PROPERTY AT 285 WEST HUNTINGTON DRIVE FROM R-1 TO S-l TO C-O & H (PROFESSIONAL OFFICE WITH A HIGH RISE OVERLAY) WITH SPECI- FIED CONDITIONS AND STATEMENT OF OVERRIDING CONSIDERATIONS". It was MOVED by Mayor Lojeski, seconded by Councilman Pellegrino that -4- 3-6-84 I 9b. ORDINANCE NO. 1789 INTROI1UCED 9c. f CLMM DENIED (LeBlanc) 9d. CLAIM DENIED (Lloyd Petre) r ge. Y CLAIM DENIED (Dorothy Spadier) I 12. ADJOURNMENT MARCH 21 7 p.m. ATTEST: 25 :091)0 Ordinance No. 1788 be ADOPTED. It did not carryon the following ro 11 ca 11 vote. AYES: NOES: ABSENT: Councilmen Pellegrino, Lojeski Councilman Dring Councilmen Haltom, Hannah The City Charter provides for a majority vote on this matter which will be carried over to the next regular meeting. The City Attorney presented, explained the content and read the title of Ordinance No. 1789 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SECTION 9233.7 OF THE ARCADIA MUNICIPAL CODE TO REZONE THE PROPERTY LOCATED AT 15 WEST ST. JOSEPH STREET AND 300, 312 AND 318 ROLYN PLACE FROr1 M-1 (PLANNED INDUSTRIAL DISTRICT) TO C-M (COMMERCIAL- MANUFACTURING ZONE)". It was MOVED by Councilman Dring, seconded by Councilman Pe11earino and carried on roll call vote as follows that Ordinance No. 1789 be INTRODUCED. AYES: NOES: ABSENT: Councilmen Dring, Pellegrino, Lojeski None Councilmen Haltom, Hannah On recommendation of the City Attorney the claim of Roger P. LeBlanc was DENIED on MOTION by Councilman Dring, seconded by Councilman Pe11eqrino and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Dring, Pellegrino, Lojeski None Councilmen Haltom, Hannah On recommendation of the City Attorney the claim of Lloyd Petre was DENIED on MOTION by Councilman Dring, seconded by Councilman Pe11e- arino and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Dring, Pellegrino. Lojeski None Councilmen Haltom, Hannah On recommendation of the City Attorney the claim of Dorothy Spadier was DENIED on MOTION by Councilman Dring, seconded by Councilman Pellegrino and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Dring, Pellegrino, Lojeski None Councilmen Haltom, Hannah The meeting adjourned at 7:55 p.m. to 7 p.m. WEDNESDAY, MARCH 21, 1984 in the Conference Room to conduct the business of the Council and Agzncy and any Closed Session necessary to discuss personnel, litigation matters and eVilllllltion nf nrnnerties. /7!P,. L ,il "n4/l/1f"~ City Clerk ~~~~ -5- 3-6-84